Court No. - 27
Case :- MATTERS UNDER ARTICLE 227 No. - 3917 of 2018 Petitioner :- Monu Singh @ Guddu Respondent :- Civil Judge And 6 Others Counsel for Petitioner :- Rishi Kant Rai,Neeraj Rai
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner.
This writ petition has been filed for disposal of application moved by plaintiff/ respondent No. 2 under Order XXXIX, Rule 1 of Civil Procedure Code, (paper No. 6C) in O.S. No. 416 of 2017 (Shiv Murat Rai Vs. Dara Singh Chauhan & others) pending before the Court of Civil Judge (Senior Division) Varanasi expeditiously as possible as within the shortest time.
The case for petitioner is that when the present suit was filed by respondent No.2 against the petitoner and his family members, the Court below was pleased to issue notice to the opposite parties on 12.9.2017 for disposal of 6-C application fixing the date of 23.9.2017. It is further stated that Order 8, Rule 1 of C.P.C. provides 30 days time to file written statement in suit proceeding, but in present case even before completion of one month time interim injunction for maintaining status quo was granted on 28.9.2017.
It is further stated that suitable direction may be issued for early disposal of 6-C application pending before the Court below.
Considering the fact and circumstances, without issuance of notice the writ petition is disposed of with the direction to court below to decide the application of 6-C within a period of four months from the date of production of certified copy of the order without granting any unnecessary adjournment to either of the parties.
It is made clear that the Court has not adjudicated the case on merits.
Order Date :- 29.5.2018 Junaid